Microsoft Sues TomTom Over Linux Patents, No Biggie

On Thursday, Microsoft filed a lawsuit in U.S. court against the Dutch company TomTom, which makes mobile GPS navigation devices. At issue are eight software patents, five of them proprietary and three of them relating to TomTom's implementation of the Linux kernel. This is the first time Microsoft has ever sued over patents relating to the Linux kernel.

Uh oh.

Is this the first shot in the great Microsoft patent war against Linux we last heard rumblings of some two years ago? Is this the latest front in Microsoft's "Be Very Afraid" campaign?

Microsoft's IP chief Horacio Gutierrez says "No," telling TechFlash: "This case is against TomTom, and it involves infringement of Microsoft patents by TomTom devices. Each case is different, and this one is specifically about the use of software by TomTom in its devices."

Fair enough. And to a point, the FLOSSers agree.

According to Linux Foundation executive director Jim Zemlin, the free software believers of the world have nothing to worry about right now. But, just in case Microsoft decides to escalate its fight, Zemlin says, "the Linux ecosystem has enormously sophisticated resources available to assist in the defense of any claim that is made against Linux."

In other words, ready and waiting as always.

More from Zemlin:

Hope for the Best. It is our sincere hope that Microsoft will realize that cases like these only burden the software industry and do not serve their customers’ best interests. Instead of litigating, we believe customers prefer software companies to focus on building innovative products.

Plan for the Worst. The Linux Foundation is working closely with our partner the Open Invention Network, and our members, and is well prepared for any claims against Linux. We have great confidence in the foundation they have laid. Unfortunately, claims like these are a by-product of our business and legal system today. For now, we are closely watching the situation and will remain ready to mount a Linux's defense, should the need arise.

See Also:

• Nathan Myrhvold Would Very Much Like to Sue You
• Microsoft: Linux Violates 235 of our Patents
• We Are All Patent Reviewers
• Microsoft's Patent Library Grows With LG Alliance
• Apple And Microsoft Back Patent Reform Act